TENNESSEE DEPARTMENTOF

TRANSPORTATION

STANDARD SPECIFICATIONSFOR ROAD AND BRIDGE

CONSTRUCTIONJanuary 1, 2015

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TENNESSEE DEPARTMENT

OF TRANSPORTATION

STANDARD

SPECIFICATIONS FOR

ROAD AND BRIDGE CONSTRUCTION

PRINTER: CREASEY PRINTING SERVICES SPRINGFIELD, IL 62704 COPIES PRINTED: 5,000 COST $5.44 PER COPY

January 1, 2015

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TENNESSEE DEPARTMENT OF

TRANSPORTATION

The mission of the Tennessee Department of Transportation is to serve the public by providing the best multimodal transportation system in the nation.

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Table of Contents

Part 1 General Provisions SECTION 101 DEFINITIONS AND TERMS .......................................... 2 SECTION 102 BIDDING REQUIREMENTS AND CONDITIONS ..... 12 SECTION 103 AWARD AND EXECUTION OF CONTRACT ............ 19 SECTION 104 SCOPE OF WORK ......................................................... 22 SECTION 105 CONTROL OF WORK ................................................... 34 SECTION 106 CONTROL OF MATERIALS ........................................ 58 SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY .......... 64 SECTION 108 PROSECUTION AND PROGRESS ............................... 78 SECTION 109 MEASUREMENT AND PAYMENT ............................. 96

Part 2 Earthwork SECTION 201 CLEARING AND GRUBBING ................................... 118 SECTION 202 REMOVAL OF STRUCTURES AND

OBSTRUCTIONS ............................................................................. 124 SECTION 203 EXCAVATION AND UNDERCUTTING ................... 133 SECTION 204 STRUCTURE EXCAVATION FOUNDATION

PREPARATION, AND BACKFILL ................................................. 148 SECTION 205 EMBANKMENTS ........................................................ 172 SECTION 206 FINAL DRESSING ...................................................... 180 SECTION 207 SUBGRADE CONSTRUCTION AND

PREPARATION ................................................................................ 182 SECTION 208 SHOULDERS AND DITCHES .................................... 187 SECTION 209 PROJECT EROSION PREVENTION AND SEDIMENT

CONTROL ........................................................................................ 190

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Part 3 Base and Subgrade Treatments SECTION 302 SUBGRADE TREATMENT (LIME) .......................... 209 SECTION 303 MINERAL AGGREGATE BASE ............................... 220 SECTION 304 SOIL-CEMENT BASE ................................................ 230 SECTION 306 PORTLAND CEMENT CONCRETE BASE .............. 238 SECTION 307 BITUMINOUS PLANT MIX BASE (HOT MIX) ....... 243 SECTION 309 AGGREGATE-CEMENT BASE COURSE ................ 253 SECTION 310 CONDITIONING MINERAL AGGREGATE BASE . 260 SECTION 312 AGGREGATE-LIME-FLY ASH STABILIZED BASE

COURSE ........................................................................................... 264 SECTION 313 TREATED PERMEABLE BASE ................................ 272

Part 4 Base and Subgrade Treatments SECTION 401 MINERAL AGGREGATE SURFACE ........................ 278 SECTION 402 PRIME COAT .............................................................. 281 SECTION 403 TACK COAT ............................................................... 285 SECTION 404 DOUBLE BITUMINOUS SURFACE TREATMENT 289 SECTION 405 BITUMINOUS SEAL COAT ...................................... 294 SECTION 407 BITUMINOUS PLANT MIX PAVEMENTS

(GENERAL) ..................................................................................... 299 SECTION 410 BITUMINOUS PLANT MIX SURFACE COURSE

(COLD MIX) .................................................................................... 352 SECTION 411-ASPHALTIC CONCRETE SURFACE (HOT MIX) ..... 356 SECTION 414 EMULSIFIED ASPHALT SLURRY SEAL AND

MICRO-SURFACING ..................................................................... 368 SECTION 415 COLD PLANING OF BITUMINOUS PLANT MIX

PAVEMENTS .................................................................................. 385

Part 5 Rigid Pavement SECTION 501 PORTLAND CEMENT CONCRETE PAVEMENT .... 390

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Part 6 Structures SECTION 601 TIMBER STRUCTURES ............................................. 437 SECTION 602 STEEL STRUCTURES ................................................ 444 SECTION 603 PAINTING .................................................................... 498 SECTION 604 CONCRETE STRUCTURES ....................................... 516 SECTION 605 WATERPROOFING ..................................................... 570 SECTION 606 PILING .......................................................................... 575 SECTION 607 PIPE CULVERTS AND STORM SEWERS ................ 596 SECTION 608 SANITARY SEWERS .................................................. 606 SECTION 609 PIPE REMOVED AND RELAID ................................. 611 SECTION 610 PIPE DRAINS ............................................................... 615 SECTION 611 MANHOLES, CATCHBASINS, INLETS, AND PIPE

END WALLS .................................................................................... 619 SECTION 612 STONE MASONRY ..................................................... 624 SECTION 613 BRICK MASONRY ...................................................... 633 SECTION 615 PRECAST/PRESTRESSED CONCRETE BRIDGE

MEMBERS ........................................................................................ 638 SECTION 616 POST-TENSIONED PRESTRESSED CONCRETE .... 654 SECTION 617 BRIDGE DECK SEALANT ......................................... 666 SECTION 619 POLYMER MODIFIED CONCRETE BRIDGE DECK

OVERLAY FOR NEW AND EXISTING BRIDGES....................... 670 SECTION 620 BRIDGE RAILINGS .................................................... 679 SECTION 621 TEMPORARY STRUCTURES .................................... 682 SECTION 622 SHOTCRETE ................................................................ 685 SECTION 623 BRIDGE EXPANSION JOINTS .................................. 692

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Part 7 Incidental Construction and Services SECTION 701 CEMENT CONCRETE SIDEWALKS, DRIVEWAYS

AND MEDIAN PAVEMENT ........................................................... 702 SECTION 702 CEMENT CONCRETE CURB, GUTTER, AND

COMBINED CURB AND GUTTER ................................................ 708 SECTION 703 CEMENT CONCRETE DITCH PAVING ................... 713 SECTION 705 GUARDRAIL ............................................................... 717 SECTION 706 GUARDRAIL ADJUSTED, REMOVED AND

RESET ............................................................................................... 723 SECTION 707 FENCES ........................................................................ 727 SECTION 708 MONUMENTS AND MARKERS ............................... 732 SECTION 709 RIPRAP AND SLOPE PAVEMENT............................ 736 SECTION 710 UNDERDRAINS .......................................................... 745 SECTION 711 CONCRETE MEDIAN BARRIER ............................... 751 SECTION 712 TEMPORARY TRAFFIC CONTROL ......................... 755 SECTION 713 HIGHWAY SIGNING .................................................. 771 SECTION 714 ROADWAY AND STRUCTURE LIGHTING ............ 779 SECTION 715 ASPHALTIC CONCRETE CURB (HOT MIX) ........... 801 SECTION 716 PAVEMENT MARKINGS ........................................... 805 SECTION 717 MOBILIZATION OF FORCES, SUPPLIES AND

EQUIPMENT .................................................................................... 820 SECTION 722 FIELD OFFICE ............................................................. 822 SECTION 730 TRAFFIC SIGNALS ..................................................... 828 SECTION 740 GEOSYNTHETICS ...................................................... 881

Part 8 Roadside Development SECTION 801 SEEDING ...................................................................... 884 SECTION 802 LANDSCAPE PLANTING........................................... 891 SECTION 803 SODDING ..................................................................... 903 SECTION 805 EROSION CONTROL BLANKETS ............................ 910 SECTION 806 ROADSIDE MAINTENANCE ..................................... 913

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Part 9 Materials

SECTION 901 HYDRAULIC CEMENT .............................................. 918 SECTION 903 AGGREGATES ............................................................ 919 SECTION 904 BITUMINOUS MATERIALS ...................................... 948 SECTION 905 JOINT MATERIALS .................................................... 956 SECTION 906 DAMPPROOFING AND WATERPROOFING

MATERIALS .................................................................................... 960 SECTION 907 CONCRETE REINFORCEMENT ............................... 963 SECTION 908 STRUCTURAL STEEL AND APPURTENANT

MATERIALS .................................................................................... 967 SECTION 909 FENCE, GUARD RAIL AND BARRIER .................... 976 SECTION 910 PAINT ........................................................................... 987 SECTION 911 TIMBER AND TIMBER PILES .................................. 996 SECTION 912 BRICK ........................................................................ 1000 SECTION 913 CEMENT CONCRETE CURING MATERIALS ...... 1002 SECTION 914 NON-METALLIC PIPE ............................................. 1004 SECTION 915 METALLIC PIPE ....................................................... 1007 SECTION 916 HIGHWAY SIGNING MATERIALS ........................ 1009 SECTION 917 ROADWAY AND STRUCTURE LIGHTING

MATERIALS .................................................................................. 1022 SECTION 918 LANDSCAPING MATERIALS ................................. 1033 SECTION 919 PAVEMENT MARKING MATERIAL

AND MARKERS ............................................................................ 1038 SECTION 920 EROSION CONTROL MATERIALS ........................ 1048 SECTION 921 MISCELLANEOUS MATERIALS ............................ 1049

Part 1

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PART 1 GENERAL PROVISIONS

SECTION 101 DEFINITIONS AND TERMS ......................................... 2 SECTION 102 BIDDING REQUIREMENTS AND CONDITIONS .... 12 SECTION 103 AWARD AND EXECUTION OF CONTRACT ........... 19 SECTION 104 SCOPE OF WORK ........................................................ 22 SECTION 105 CONTROL OF WORK .................................................. 34 SECTION 106 CONTROL OF MATERIALS ....................................... 58 SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY ......... 64 SECTION 108 PROSECUTION AND PROGRESS .............................. 78 SECTION 109 MEASUREMENT AND PAYMENT ............................ 96

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SECTION 101 DEFINITIONS AND TERMS

101.01 General ............................................................................................. 2 101.02 Abbreviations ................................................................................... 3 101.03 Terms ............................................................................................... 4

101.01 General

These Standard Specifications for Road and Bridge Construction apply to the bidder, before the award of the Contract, and to the Contractor after award. The sentences that direct the Contractor to perform work are written in the active voice/imperative mood. These directions to the Contractor are written as commands. For example, a requirement to provide cold weather protection could be expressed as:

Passive Voice / Indicative Mood: Cold weather protection for concrete shall be provided by the Contractor.

Active Voice / Indicative Mood: The Contractor shall provide cold weather protection for concrete.

Active Voice / Imperative Mood: Provide cold-weather protection for concrete.

As shown in the above examples, in the active voice/imperative mood, the subject the bidder or the Contractor is understood. In these Specifications, this implied subject is typically the Contractor, although in certain situations, the subject may also be a vendor, fabricator, or manufacturer engaged by the Contractor to supply material, products, or equipment for use on the Project.

Sentences defining the actions or responsibility of the Department or its representative are generally written in active voice/indicative mood. Sentences written in the active voice/indicative mood identify the party responsible for performing the action. For example, The Engineer will determine the density of the compacted material.

The following words refer to actions of the Department or its representative: directed, required, ordered, approved, rejected, acceptable, and

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satisfactory. These and words with similar meaning shall be understood to convey the same intent as if followed by the words by the Engineer or to the Engineer.

The titles or headings of the Sections and Subsections in these Specifications are intended for convenience of reference and shall not be considered as having any bearing on the interpretation of the Specifications.

101.02 Abbreviations

These Specifications and other Contract documents use the following abbreviations:

ANLA American Nursery Landscaping Association AAR Association of American Railroads ACI American Concrete Association AASHTO American Association of State Highway and Transportation

Officials AISC American Institute of Steel Construction ANSI American National Standards Institute ASLA American Society of Landscape Architects ASTM American Society for Testing and Materials AWPA American Wood Preservers Association AWWA American Water Works Association AWS American Welding Society FHWA Federal Highway Administration FSS Federal Specifications and Standards, General Services

Administration IEEE Institute of Electrical and Electronic Engineers IES Illuminating Engineering Society IMSA International Municipal Signal Association ITE Institute of Traffic Engineers ICEA Insulated Cable Engineers Association ISSA International Slurry Surfacing Association MUTCD Manual on Uniform Traffic Control Devices NEC National Electrical Code NEMA National Electrical Manufacturers Association NCHRP National Cooperative Highway Research Program OSHA Occupational Safety and Health Administration SAE Society of Automotive Engineers SPIB Southern Pine Inspection Bureau SSPC Society for Protective Coatings TCA Tennessee Code Annotated

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TDEC Tennessee Department of Environment and Conservation UL Underwriters Laboratories, Inc.

101.03 Terms

Wherever, in these Specifications or elsewhere in the Contract, the following terms, or pronouns in place of them, are used, the intent and meaning shall be interpreted as follows:

Addendum. Written interpretation or modification of any of the Contract documents, which is delivered to prospective bidders prior to the opening of proposals.

Advertisement. The public announcement provided by the Notice to Contractors, as required by law, inviting proposals for the Work to be performed or materials to be furnished.

Amendment. A revision to the electronic bid file, which may include adjusting a quantity, or adding, deleting, or revising Contract item(s).

Award. The formal acceptance by the Department of a proposal.

Base Course. The layer or layers of specified or selected material of designed thickness placed on a subbase or a subgrade to support a surface course.

Bidder. A pre-qualified individual, partnership, firm, corporation, or joint venture acting directly or through a duly authorized representative to submit a proposal to perform the advertised Work.

Box Bridge. A box culvert type structure consisting of a single box or multiple boxes, with or without a bottom slab, having a length, measured along the centerline of the roadway, of more than 20 feet between the inside faces of the outside walls.

Bridge. A structure erected over a stream, watercourse, highway, railroad or opening, for carrying traffic, having a length, measured along the centerline of the roadway, of more than 20 feet between the faces of end supports.

Calendar Day. Every day shown on the calendar.

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Change Directive. A Change Order issued by the Department, when the Contractor has filed a claim, that allows the Department to compensate the Contractor for completed additional work as determined to be fair and reasonable by the Department and that does not require the consent or signature of the Contractor or Surety.

Change Order. A written agreement entered into by and between the Department and the Contractor, with the written assent of the Surety, covering modifications or alterations beyond the scope of the original Contract, and establishing any necessary new Contract items, any other basis of payment, and any time adjustments for the work affected by the changes. This Agreement becomes a part of the Contract when properly executed and approved.

Commissioner. The Commissioner of the Department of Transportation of the State of Tennessee.

Completion Date. The calendar date by which the Contract shall be completed when such date is shown in the proposal instead of a stipulation of a number of working days, or the date of final acceptance of the Work.

Construction Change. A completed document, approved by the Engineer, covering changes in the Plans, Specifications or quantities, and additional items and the basis of payment that have been established by a previously executed Change Order.

Contract. The written agreement between the Department and the Contractor setting forth the obligations of the parties thereunder, including but not limited to, performance of the Work, which includes the furnishing of labor, equipment, and materials, and the basis of payment.

The Contract includes the Instructions to Bidders; the proposal; all conditions and terms of the Contract form; Contract Payment and Performance Bond; Letter of Credit where applicable; Specifications, Supplemental Specifications, Special Provisions, and Addenda; Standard Drawings and Contract Plans; the Work Order; and Construction Changes and Change Orders that are required to complete the construction of the Project in an acceptable manner including authorized time extensions thereof; all of which constitute one instrument.

Contract Payment and Performance Bond. The approved form of security, executed by the Contractor and its Surety or Sureties, guaranteeing

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complete execution of the Contract and all Change Orders, and the payment of all legal debts pertaining to the performance of the Work.

Contract Time. The number of working days or calendar days allowed for completion of the Contract or an item(s) of work, or the number of calendar days between the time of starting as determined by the Work Order, and the Completion Date including all authorized time extensions.

Contractor. The individual, firm, partnership, limited liability company, corporation, joint venture, or other business entity contracting with the Department for performance of the Work.

Controlling Activity of Work. Any portion of the Work, a change in which would cause an adverse impact to the critical path schedule.

Critical Path. The sequence and duration of activities of work that control the duration of the Project.

Critical Path Method (CPM). A process for defining the time-frame required and relationship (logic ties) between critical and non-critical activities associated with construction projects and their completion dates.

Department. The Department of Transportation of the State of Tennessee.

Detour. A temporary rerouting of road users onto an existing highway in order to avoid a temporary traffic control zone.

Disadvantaged Business Enterprise (DBE). A for-profit small business concern that is at least 51% owned by one or more individuals who are both socially and economically disadvantaged or, in the case of a corporation, in which at least 51% of the stock is owned by one or more such individuals, and whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it. Black Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, and Subcontinent Asian Americans, as defined in 49-CFR Section 26.5, women, and any additional groups whose members are designated as socially and economically disadvantaged by the U.S. Small Business Administration are rebuttably presumed to be socially and economically disadvantaged. Other individuals may also qualify as socially and economically disadvantaged on a case-by-case basis.

Engineer. The Chief Engineer of the Department of Transportation or a duly authorized assistant or representative.

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Equipment. All machinery, apparatus, and tools necessary for the proper construction and acceptable completion of the Project, plus the necessary repair parts, tools, and supplies for upkeep and maintenance.

Extra Work. An item of work not provided for in the Contract as awarded but found essential to the satisfactory completion of the Contract within its intended scope.

Force Account. A method of payment for Extra Work when a Change Order is not arrived at between the Engineer and the Contractor.

Highway, Road, and Street. Each of these words is a general term denoting a public way for the purpose of vehicular travel including the entire area within the right-of-way.

Holidays. Holidays recognized by the State of Tennessee occur as follows:

New Years Day ................................................................ January 1 Martin Luther King Day ........................... Third Monday in January Presidents Day ....................................... Third Monday in February Good Friday ...................................................... Friday before Easter Memorial Day .................................................. Last Monday in May Independence Day ...................................................................July 4 Labor Day .............................................. First Monday in September Columbus Day ...................................... Second Monday in October Veterans Day .............................................................. November 11 Thanksgiving Day ............................. Fourth Thursday in November Christmas Day ............................................................. December 25

All days appointed by the Governor of this State, or by the President of The United States, as days of fasting or thanksgiving.

Plan notes precluding restrictions to traffic on holiday weekends, unless specifically noted otherwise, do not apply to weekends associated with Martin Luther King Day, Presidents Day, Columbus Day and Veterans Day.

Inspector. The authorized representative of the Engineer assigned to make detailed inspections of materials and Contract performance.

Instructions to Bidders. Instructions included in the document entitled Instructions to Bidders, which give information to the bidder with regard to preparing the Proposal Guaranty and the Letter of Credit where

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applicable. It also covers submission or delivery of the Proposal to the Department.

Item (Contract Item, Pay Item, or Bid Item). A specifically described unit of work for which a price is provided in the Contract.

Laboratory. The official testing laboratories of the Department or such other laboratories as may be designated or approved by the Engineer, acting only within the scope of the duties assigned to them individually.

Letter of Credit. A contractual promise to honor drafts presented for funds upon compliance with the terms and conditions specified. The Department shall have the authority to approve the issuer and prescribe said terms and conditions.

Major and Minor Items. Major Items will be determined as follows:

1. Any original Contract item having a value of 15% or more of the original Contract amount, based on the original estimated quantity, shall be a Major Item.

2. The accumulation of the least number of individual items that total at least 40% of the original Contract amount also shall be Major Items. The items shall be totaled sequentially starting with the largest item (based on original prices and quantities).

Any items that do not meet (1) or (2) above are Minor Items.

Materials. Any substance specified to be furnished or proposed for use in the construction of the Project and its appurtenances.

Notice to Contractors. A notice to Contractors and other interested parties of proposed construction to be bid giving the date the bids are to be received and the location and general description of the Work to be performed.

Pavement Structures. The combination of base course and surface course placed on a subgrade to support the traffic load and distribute it to the roadbed.

Plans. The approved plans, profiles, cross-sections, standard roadway and structure drawings, working drawings and supplemental drawings, or exact

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reproductions thereof, which show the location, character, dimensions, and details of the construction to be performed under the Contract.

Prequalification. The procedure established and administered by the Department by virtue of which prospective bidders are required to establish their responsibility and qualifications in advance of submission of Proposals.

Project. The specific improvement, together with all appurtenances, to be constructed under the Contract.

Proposal. The offer of a bidder, on the prescribed form, to perform the Work at the prices quoted.

Proposal Form. The approved form on which the Department requires that Proposals be prepared and submitted for the performance of the Work.

Proposal Guaranty. The security furnished with a Proposal to guarantee that the bidder will enter into a Contract if the bidders Proposal is accepted and the Contract is awarded to it.

Qualified Products List (QPL). A listing of products that have been tested or analyzed by the Department and have been approved for use on the Departments road construction projects.

Right-of-Way. A general term denoting land, property, or interest therein, usually in a strip, acquired for or devoted to a highway and its appurtenant structures.

Roadbed. The graded portion of a highway prepared as a foundation for the pavement structure and shoulders.

Roadside. A general term denoting the area adjoining the outer edge of the roadway. Extensive areas between the roadways of a divided highway may also be considered roadside.

Roadside Development. Those items necessary to the complete highway that provide for the preservation of landscape materials and features; the rehabilitation and protection against erosion of all areas disturbed by construction through seeding, sodding, mulching and the placing of other ground covers; and such suitable planting and other improvements as may increase the effectiveness and enhance the appearance of the highway.

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Roadway. The portion of a highway within limits of construction.

Shoulder. The portion of the roadway contiguous with the traveled way for accommodation of stopped vehicles for emergency use, and for lateral support of base and surface courses.

Special Provisions. Provisions inserted into a contract revising the Standard or Supplemental Specifications, and covering conditions unique to the individual project.

Specifications. A general term applied to all directions, provisions, and requirements pertaining to the performance of the Work.

Standard Specifications. The Tennessee Department of Transportation Standard Specifications for Road and Bridge Construction and its revisions effective on the Contract execution date.

State. The State of Tennessee.

Subcontractor. Any individual, firm, partnership, limited liability company, corporation, joint venture, or other business entity to whom the Contractor or any Subcontractor, regardless of tier, sublets any part of the Work under the Contract.

Subgrade. The top surface of a roadbed upon which the pavement structure and shoulders are constructed.

Substructure. That part of the structure below the bearings of simple and continuous spans, skewbacks of arches and tops of footings of rigid frames, together with the backwalls, wingwalls and wing protection railings.

Superintendent. The Contractors authorized representative in responsible charge of the Work.

Superstructure. The entire structure except the substructure.

Supplemental Specifications. Approved additions and revisions to the Standard Specifications.

Surety. A company authorized to guarantee a bidders proposal and a contractors performance and payment obligations under a contract, which is authorized to do business in the State of Tennessee and is listed on the

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United States Department of the Treasury Financial Management Service list of approved bonding companies.

Work. The furnishing of all labor, materials, equipment, and incidentals necessary for the satisfactory completion of the Project, including the carrying out of all duties and obligations imposed by the Contract.

Working Day. A calendar day, exclusive of Saturdays, Sundays, and Holidays, which weather or other conditions not under the control of the Contractor will allow construction operations to proceed for at least 5 hours of the day with the normal working force engaged in performing the Work, which are normal to progress at the time, as determined by the Engineer.

Working Drawings. Stress sheets, shop drawings, erection plans, falsework plans, framework plans, cofferdam plans, bending diagrams for reinforcing steel, or any other supplementary plans or similar data that the Contractor is required to submit to the Engineer for approval.

Work Order. Written notice to the Contractor to proceed with the Work under the Contract, including, when applicable, the date of beginning of Contract Time.

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SECTION 102 BIDDING REQUIREMENTS AND CONDITIONS

102.01 Prequalification Questionnaire and Competency of Bidders ......... 12 102.02 Contents of Proposal Forms ........................................................... 13 102.03 Interpretation of Quantities in Bid Schedule .................................. 13 102.04 Examination of the Site, the Work, the Plans, the Permits, and the

Specifications ....................................................................................... 13 102.05 Preparation of Proposals ................................................................ 14 102.06 Delivery of Proposals ..................................................................... 15 102.07 Withdrawal of Proposal .................................................................. 15 102.08 Public Opening of Proposals .......................................................... 15 102.09 Rejection of Proposals .................................................................... 16 102.10 Proposal Guaranty .......................................................................... 17 102.11 Licensing of Bidders ...................................................................... 18

102.01 Prequalification Questionnaire and Competency of Bidders

Each prospective bidder and subcontractor must file a Prequalification Questionnaire and be prequalified by and in good standing with the Department according to Rules of the Tennessee Department of Transportation, Chapter 1680-5-3, Prequalification of Contractors. Good standing means that the bidder or subcontractor is currently pre-qualified and not subject to any temporary disqualification according to Chapter 1680-5-3, Prequalification of Contractors, and not subject to suspension, debarment, or voluntary exclusion according to Rules of the Tennessee Department of Transportation, Chapter 1680-5-1, Contractor Debarment and Suspension. Notify the Department if there is any subsequent change in the name, organization, or contact information provided.

The Department will determine prequalification status and reserves the right to refuse bid authorization or subcontractor approval based on the factors listed in Chapter 1680-5-3.07.

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102.02 Contents of Proposal Forms

Upon request, the Department will furnish the bidder an electronic proposal form containing an Instructions to Bidders form, Supplemental Specifications, Special Provisions, and Proposal Guaranty form. The proposal form will state the location and description of the contemplated construction. The proposal form will state the time in which the Work must be completed, the amount of the Proposal Guaranty, and the date, time and place for the opening of proposals. The Plans and Specifications are as much a part of the proposal form as if they were bound therein. All of the documents contained therein are part of the proposal.

The prospective bidder will be required to pay the Department the sum stated in the Instructions to Bidders for each electronic proposal form. Plans will be available for the sum stated in the Notice to Contractors.

102.03 Interpretation of Quantities in Bid Schedule

The quantities appearing on the electronic bidding file are approximate only and are prepared for the comparison of bids and award of Contract. The Department does not guarantee or assume any responsibility that quantities shown on the Plans or given in the electronic bidding file will hold in the construction of the Project, and the Contractor shall not claim deception or misunderstanding because of variation in these quantities or variation from the location, character of the work, or any other conditions. The Department will pay the Contractor only for the actual quantities of work performed and accepted, and materials furnished in accordance with the Contract. The schedule of quantities of work to be done and materials to be furnished may be increased, decreased, or omitted as provided under 104.02.

102.04 Examination of the Site, the Work, the Plans, the Permits, and the Specifications

The bidder assumes the responsibility to examine the site of the Work, including the surrounding terrain, borrow sites, and access facilities, and the Plans, Specifications, and all other documents making up the Proposal and Addenda. It is mutually agreed that submission of a proposal is considered prima facie evidence that the bidder has performed a reasonable site investigation and is familiar and satisfied with the character, quality, and quantity of work to be performed, materials to be furnished, the permits, and proposal requirements.

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When requested and available, the Department will provide for the bidders review one or more of the following:

1. Record drawings.

2. Information relative to subsurface exploration, borings, soundings, water levels, or profiles.

3. The results of other preliminary investigations.

A reasonable site investigation includes a review of these documents.

The Department makes no guarantees regarding the character or extent of utilities, water levels, soil, rock, or other subsurface conditions the bidder may encounter during the Work. The Department interpolates test data from completed borings in its reports and representations of subsurface conditions, and does not guarantee the accuracy of these interpolations, nor does the Department guarantee the accuracy of the test data except at the exact points where samples were taken. The Department requires bidders to make their own evaluation of subsurface conditions and to determine how these conditions may affect the methods and cost of construction. Material quality within sources naturally varies, so expect this.

Immediately notify the Department of any apparent error, omission, or ambiguity in any part of the proposal. The Department will review the apparent error, omission, or ambiguity, and will issue an addendum to all prospective bidders, as appropriate.

If the Department becomes aware of a change in the information provided at any time during the bidding process, it will provide reasonable written notice of the new information to the bidders or Contractor.

102.05 Preparation of Proposals

A document entitled Instructions to Bidders is included with the electronic proposal form. Electronically sign both the proposal form and the proposal guaranty form as directed in these instructions using the electronic bidding file furnished by the Department. Submit the completed electronic bidding file, inclusive of the proposal form as described in 102.02 and the bid prices described below, to the Department as directed in the applicable part of these instructions.

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The electronic bidding file contains the contract bid items and associated estimated quantities. The following stipulations shall apply to electronic bidding:

1. Compare the bid quantities shown on the Plans to those contained on the electronic bidding file to ensure they are the same. Immediately notify the Department of any discrepancies.

2. For any revisions to the proposal regarding bid items or quantities, the Department will provide an amendment to the electronic bidding file indicating the revision date. Use the amended electronic bidding file in formulating the bid.

For proposals containing alternates, bid on only one alternate for each construction item. Enter prices for the intended alternate item(s) of construction and leave the undesired alternate item(s) of construction blank. The electronic bidding program allows for only one alternate to be bid. If prices are entered for more than one alternate, the electronic bidding program will not tabulate the total.

The electronic bidding program will perform all extensions of the estimated quantities and unit or lump sum prices, calculate the total bid, and allow the printing of a complete set of bid item sheets with appropriate subtotals and grand total bid price.

102.06 Delivery of Proposals

Submit each proposal via the Internet using the electronic bidding program. The Department will not consider or accept a proposal that has not been received by the time, date, and at the place set forth for the bid opening in the Instruction to Bidders.

102.07 Withdrawal of Proposal

A bidder may withdraw a proposal through the electronic bidding program prior to the hour of bid opening as indicated in the Instruction to Bidders.

102.08 Public Opening of Proposals

The Department will open proposals and will either read them publicly, or furnish and post bid totals on the date, time, and place indicated in the Instruction to Bidders. Bidders, authorized agents, and interested parties are invited to be present.

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102.09 Rejection of Proposals

The Department will not reject proposals solely because their consideration is conditioned upon the elimination of other proposals submitted by the same bidder at the bid opening, provided that the Department reserves the right to make awards on combination bids or separate bids as it determines to be in its best interests. A bidder may tie the acceptance or rejection of two or more proposals on the condition that either all proposals are accepted or all are rejected, in which case the bids will be rejected unless each bid is the lowest responsive bid on each project.

The Department may reject a proposal if any of the unit prices contained therein are materially unbalanced, either excessive or below the Engineers estimate. A materially unbalanced bid generates a reasonable doubt that award to the bidder submitting a mathematically unbalanced bid will result in the lowest ultimate cost to the Department. A mathematically unbalanced bid contains lump sum or unit bid items that do not reflect reasonable actual costs and a proportionate share of bidders anticipated profit, overhead costs, and other indirect costs.

The Department may reject any proposals as non-responsive if:

1. Proposals fail to contain a unit price for each item listed.

2. Proposals are not prepared on the prescribed forms.

3. Proposals show any unauthorized omissions, conditions, alterations of form, additions, or irregularities of any kind.

4. Proposals show unauthorized alternate bids. In the case of authorized alternate items, a unit price on only one of the alternates will be required, unless otherwise specified in the Contract.

5. Proposals are not electronically signed by an authorized representative of the bidder. The electronic signature on the electronic bidding file serves as signatures for the proposal form, proposal certification form and the proposal bond form, if applicable.

6. When electing to submit a Proposal Guaranty, the bidder fails to submit a signed Proposal Guaranty in the proper character and amount indicated on the proposal form.

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7. The Proposal Guaranty is not properly signed by the Agent or Attorney-in-Fact representing a Surety accompanied by a dated and valid Power of Attorney for the Attorney-in-Fact. The date on the Power of Attorney must match the date on the Proposal Guaranty.

8. A bidder is not prequalified and in good standing on the date of letting in accordance with 102.01 and Chapter 1680-5-3, Prequalification of Contractors.

9. There are reasonable grounds for believing that any bidder is interested in more than one proposal on the same project, or that there has been collusion among the bidders. Evidence of collusion will cause a rejection of all proposals in which the bidders involved are interested.

10. The apparent low bidder fails to complete and submit the Department form Certification Regarding Subcontractor Bid Quotes (Bidders List) electronically before the close of business (4:30PM Central Time) within seven (7) calendar days after the date on which bids are required to be submitted.

11. A bidder fails to deposit bid escrow documentation, if required.

12. A bidder fails to acknowledge addenda.

13. A bidder does not obtain or have a license with the Tennessee Department of Commerce and Insurance (TDCI), Board for Licensing Contractors (BLC) within twenty-one (21) days in accordance with 102.11.

102.10 Proposal Guaranty

With each electronic bid, submit an electronic Proposal Guaranty in accordance with the Instructions to Bidders. Ensure that the Proposal Guaranty form is complete and furnished by a Surety as defined in 101.03, and that the Proposal Guaranty has a Power of Attorney executed by the Surety. The proposal and the Proposal Guaranty shall be valid and binding for sixty (60) days subsequent to the date of opening bids.

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102.11 Licensing of Bidders

All prime Contractors, except mowing and litter removal Contractors, must be licensed with the Tennessee Department of Commerce and Insurance, Board for Licensing Contractors (BLC). The Contractor must be licensed in the general classification (e.g. Heavy Construction (HC); Highway, Railroad, Airport Construction (HRA); Specialty (S); Municipal and Utility Construction (MU); or Electrical Contracting (CE)) for the type of work in the Project that they will perform. Contractors for mowing or litter removal type contracts must be registered with the Secretary of State (i.e., have a valid Certificate of Existence/Authorization), if applicable, before a Contract will be awarded.

A proposal submitted by a bidder will be considered for award for 21 days after the proposals are opened. If the bidder does not have a license with the BLC, on or before twenty-one (21) days after proposals are opened, the bidder will be considered non-responsive and its proposal will be rejected as irregular. The next lowest responsible bidder will then be considered for award. If the next lowest responsible bidder does not have a license on or before the twenty-one (21) days after the proposals are opened, they also will be considered non-responsive, and the subsequent bidder will then be considered.

Bidders that are domestic or foreign corporations, limited liability companies, limited partnerships, or limited liability partnerships, must be in good standing with the Secretary of State (i.e., have a valid Certificate of Existence/Authorization). If a bidder is not in good standing with the Secretary of State on or before twenty-one (21) days after proposals are opened, the bidder will be considered non-responsive and its proposal will be rejected.

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SECTION 103 AWARD AND EXECUTION OF CONTRACT

103.01 Consideration of Proposals ............................................................ 19 103.02 Return of Proposal Guaranties ....................................................... 19 103.03 Material Guaranty .......................................................................... 20 103.04 Award of Contract .......................................................................... 20 103.05 Cancellation of Award ................................................................... 20 103.06 Execution of Contract and Contract Payment and Performance

Bond .................................................................................................... 20 103.07 Failure to Execute Contract ............................................................ 21

103.01 Consideration of Proposals

The electronic bid is the only official bid.

After the proposals are opened, the Department will compare proposals based on the summation of the products of the unit bid prices and the approximate quantities. The results of such comparisons are public information.

The Department reserves the right to reject any or all proposals, to waive technicalities, or to advertise for new proposals in the best interests of the Department.

103.02 Return of Proposal Guaranties

As soon as the proposal prices have been compared, the Department will return Proposal Guaranties accompanying the proposals not likely in its judgment to be involved in making the award. The Department will return all other Proposal Guaranties to the remaining bidders after satisfactory Contract and Contract Payment and Performance Bond or Letter of Credit, where applicable, have been executed and accepted.

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103.03 Material Guaranty

Before Contract award, the Department may require the bidder to furnish a complete statement of the origin, composition, or manufacture of any or all materials proposed to be used in the construction of the Project, together with samples. The samples may be subjected to tests, provided for in these Specifications, to determine their quality and fitness for the construction.

103.04 Award of Contract

The Department will either award a contract to the lowest responsive bidder according to TCA 54-5-116 within thirty (30) days after the formal opening of proposals, or it will reject all proposals received on the Project.

If a bidder submits qualified bids where the bidder ties acceptance or rejection of two or more proposals on the condition that either all proposals are accepted or all are rejected, the bids will be rejected unless each bid is the lowest responsive bid on each project. If the combination bid is rejected, the Department may award the Contract to the second lowest responsive bidder.

The Department will only award a contract to a contractor that is licensed in accordance with 102.11.

103.05 Cancellation of Award

The Department reserves the right to cancel the award of any contract, at any time prior to execution of the Contract by all parties without liability.

103.06 Execution of Contract and Contract Payment and Performance Bond

The bidder to whom the Contract is awarded shall sign and return the Contract to the Department along with the fully executed Contract Payment and Performance Bond or Letter of Credit, where applicable, in a sum equal to 100% of the amount of the Contract, within ten (10) days after the receipt of notice of award and receipt of contract forms from the Department.

A contract is not considered binding until it has been executed by all parties.

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103.07 Failure to Execute Contract

If the bidder fails to execute the Contract and to file an acceptable Contract Payment and Performance Bond or Letter of Credit, where applicable, within ten (10) days after notice of award, the Department may cancel the award and retain the Proposal Guaranty, not as a penalty, but as liquidated damages. The Department may then award the Contract to the next lowest responsive bidder, re-advertise the Work, or take other action, as the Department may decide.

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SECTION 104 SCOPE OF WORK

104.01 Intent of Contract ........................................................................... 22 104.02 Changes in Plans or in Character of Construction .......................... 22 104.03 Contractor Notification .................................................................. 24 104.04 Maintenance of Traffic ................................................................... 26 104.05 Maintenance During Construction ................................................. 28 104.06 Movement of Heavy Equipment .................................................... 28 104.07 Operation of Earthmoving and Hauling Equipment ....................... 28 104.08 Dust Control ................................................................................... 29 104.09 Rights in and Use of Materials Found on the Work ....................... 29 104.10 Final Cleanup ................................................................................. 30 104.11 Value Engineering Change Proposal (VECP) ................................ 30

104.01 Intent of Contract

It is the intent of the Contract to provide for the construction and completion of the Work in accordance with the Plans, Specifications, and all other Contract documents.

104.02 Changes in Plans or in Character of Construction

The Department reserves the right to make changes to the Work at any time including alterations in the Plans, increases or decreases in quantities, Extra Work, or eliminated items. Such changes shall not invalidate the Contract nor release the Surety. The Contractor agrees to perform the Work as altered, the same as if it had been a part of the original Contract.

Under no circumstances shall changes in the Plans or in the character of the Work involve work beyond the termini of the proposed construction except as may be necessary to satisfactorily complete the Project.

A. Differing Site Conditions

During the progress of the Work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the Contract or if unknown physical conditions of an

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unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the Work provided for in the Contract, are encountered at the site, promptly notify the Engineer in writing of the specific differing conditions in accordance with 104.03 before the site is disturbed and before the affected work is performed. Upon written notification, the Engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the Contract, the Engineer will make an appropriate Contract adjustment, excluding loss of anticipated profits, in accordance with 108.07 and 109.04 and the Contract modified in writing accordingly.

The Department will not allow Contract adjustments under this Subsection for any portion of the Work unaffected by differing site conditions.

B. Suspensions of Work Ordered By the Engineer

If the performance of all or any portion of the Work is suspended or delayed by the Engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the Contractor believes that additional compensation, contract time, or both compensation and time is due as a result of such suspension or delay, the Contractor shall notify the Engineer in writing and provide information in accordance with 104.03. If the Engineer agrees that the cost or time required for the performance of any work under the Contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the Contractor, its suppliers, or subcontractors at any tier, and not caused by weather, the Engineer will make appropriate Contract adjustments in accordance with 108.06 and 109.04.

No Contract adjustment will be allowed under this Subsection to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided for or excluded under any other term or condition of this Contract.

C. Significant Changes in the Character of Work

The term significant change will apply only to the following circumstances:

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1. When the character of the Work as altered differs materially in kind or nature from that involved or included in the original proposed construction, or

2. When a Major Item is increased or decreased by more than 25% of the original Contract quantity. Adjustments shall apply only to that portion in excess of 125% of original Contract quantity, or in case of a decrease, to the actual quantity performed.

If the Contractor believes there to be a significant change in the character of work, notify the Engineer in writing and provide information in accordance with 104.03. If the alterations or changes in quantities significantly change the character of Work, the Department will make appropriate Contract adjustments, excluding loss of anticipated profits, in accordance with 108.06 and 109.04 as applicable.

D. Extra Work

When necessary or desirable to complete the Contract, the Engineer may direct the Contractor to perform work not provided for in the Contract, but essential to the satisfactory completion of the Work within the intended scope. The Department will pay for Extra Work in accordance with 109.04 and will determine additional time in accordance with 108.07.

E. Eliminated Items

The Department may partially or completely eliminate Contract items and will reimburse the Contractor only for those costs in accordance with 109.05 incurred before the Contractors receipt of written notification of the elimination.

104.03 Contract Change Notification

It is the responsibility of the Contractor to provide reasonable written notice when conditions are believed to require a change to the Contract. The Department will only consider requests for changes to the Contract when the Contractor meets the notification procedures specified in this Subsection.

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A. Written Notification by Contractor

Provide immediate written notification to the Engineer upon discovering a condition that may require a change to the Contract. Provide the following information, in writing, within fourteen (14) calendar days of notification:

1. A description of the condition, including the time and date first identified, and the location, if appropriate.

2. An explanation of why the condition represents a change to the Contract, with references made to 104.02 and other pertinent portions of the Contract.

3. A statement of all changes considered necessary to the Contract price(s), delivery schedule(s), phasing, and time. Because of its preliminary nature, the Department recognizes that this information may rely on estimates.

After notifying the Engineer, continue to perform the Work under the Contract including the work subject to the condition, and maintain records of actual labor, equipment, and materials used in accordance with 109.04.

B. Written Acknowledgement by Engineer

The Engineer will provide written acknowledgement of the Contractors written notice within five (5) calendar days.

C. Written Response by Engineer

The Engineer will provide a written response within fourteen (14) calendar days of receiving the Contractors written notice that includes one of the following:

1. A confirmation that a change is necessary in accordance with 104.02, and direction on how the Work will proceed.

2. A denial of the request for a change, which will include references to the Contract as to why the condition does not represent a change.

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3. A request for additional information stating the specific information needed and the date by which it must be received. The Department will respond to the additional information provided within fourteen (14) calendar days.

When a change is necessary, the Engineer will make appropriate adjustments to the Contract price and time, if warranted, in accordance with 108.07, 109.04, 109.05.A, and 109.06. If the Contractor disagrees with the Engineers decision or does not agree with the Contract adjustments, the Contractor may pursue the issue as a claim in accordance with 105.16.

104.04 Maintenance of Traffic

Unless otherwise provided, keep all roadways and access for vehicular travel open to all traffic while under construction. Maintain all traffic control features over the section of road under construction in accordance with the MUTCD and with Section 712 of these Specifications. Where indicated on the Plans, bypass the traffic over approved detour routes. Keep the portions of the Project being used by the public, whether it is through or local traffic, in such condition that traffic is adequately and safely accommodated. The Department will change the traffic control plan when necessary to maintain safety or reduce traffic congestion. Construct and maintain in a safe condition temporary approaches or crossings and intersections with trails, roads, streets, businesses, parking lots, railroads, residences, garages and farms. Provide for mowing or other vegetation removal to ensure safe sight distance at intersections. Do not use median crossovers on controlled access routes for construction traffic, except in areas, approved by the Engineer, where traffic control devices allow for the safe movement of construction traffic.

The Department will pay for materials used at the direction of the Engineer to construct and maintain approaches, crossings, intersections, and other features at Contract unit prices unless the Contractor is responsible for the damage. Maintenance of traffic control features, mowing, and pothole patching (cold mix) are incidental to the work and the responsibility of the Contractor.

Except in emergencies, lane closures are not permitted on any State routes without the explicit consent of the Engineer. On projects where work is required in traffic lane(s) or where a lane closure is necessary for public safety, submit a request to the Department at least seven (7) working days prior to the date of the anticipated lane closure(s). If all lanes in one or both

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directions on an interstate route are to be closed for any length of time, submit a request at least fourteen (14) calendar days before the anticipated event. All requests for lane closure(s) must list the exact location, the time that the closure will begin, the estimated duration of the closure, and reasons for the proposed lane closure. Unless otherwise stated in the Contract, the Department will assess liquidated damages of $1000 per hour per lane for roadways greater than 25,000 ADT and $500 per hour per lane for areas less than 25,000 ADT for any closure that exceeds the approved lane closure duration.

Do not close lanes or restrict traffic on the following days without the Engineers written consent:

Easter: After 6:00 pm on the Thursday preceding Good Friday through and including Easter Sunday

Memorial Day: After 12:00 noon on the preceding Friday through Memorial Day

Independence Day: The observed holiday and preceding day plus weekend days either preceding or following these two days

Labor Day: After 12:00 noon on the preceding Friday through Labor Day

Thanksgiving: After 12:00 noon on Wednesday before Thanksgiving through Sunday following Thanksgiving

Christmas/New Years Day: December 24 through January 1 and any preceding and/or following days that fall on a weekend

The Engineer will allow off-road work on the above days only to the extent that no impact will be caused to the highway users. The Department will assess a $5,000 penalty against subsequent Contractor payment estimates for each violation of this rule.

The Department will maintain all public highways, roads and streets that are designated on the Plans as detours, but not designated as Haul Roads.

During any written suspension of Work, make passable and open to traffic portions of the Project and temporary roadways as may be directed by the Engineer for the temporary accommodation of traffic during the anticipated

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period of suspension. Maintain temporary routes or lines of travel until the Engineer orders by written notification the resumption of construction operations. When work is resumed, replace or renew any work or materials lost or damaged because of such temporary use of the Project. Remove, to the extent directed by the Engineer, any work or materials used in the temporary maintenance, and complete the Project in every respect as though its prosecution had been continuous. The Department will pay for materials used for maintenance and restoration of the Work when directed by the Engineer, at Contract unit prices.

104.05 Maintenance During Construction

Maintain the Work during construction and until the Project, or section(s) thereof, is accepted in accordance with 105.13.

Continuously maintain the Work with adequate equipment and forces so that the roadway or structures are kept in satisfactory condition at all times. When placing a new course upon a previously constructed course or subgrade, maintain the previous course or subgrade during all construction operations. Provide litter pickup, mowing, and vegetation removal throughout the life of the Project in accordance with 806.

The costs for maintenance work during construction and before the Project is accepted will not be paid separately, but is incidental to the cost of the Work.

104.06 Movement of Heavy Equipment

The Contractors attention is called to the application of local, State, and Federal regulations governing construction work. Various municipalities as well as the Department require a permit for moving heavy equipment. The Contractor is responsible for applying for and procuring such permits, when required, from the appropriate municipal officials and the Department of Transportation.

104.07 Operation of Earthmoving and Hauling Equipment

When operating earthmoving equipment or hauling equipment on or across city streets or public roads, obtain specific written permission for such operations from the appropriate officials and deliver a copy of such permission to the Engineer prior to commencement of such operations. Keep the affected streets or public roads reasonably free of loose earth and

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debris during movement of equipment, and thoroughly clean the affected streets or roads at the end of each day they have been used.

Provide flagging services in accordance with 712.04 as directed by the Engineer at locations where earthmoving equipment crosses or enters a city street or public road.

Repair damage to city streets, public roads, and adjacent property as directed by the Engineer at no additional cost to the Department.

The cost of cleaning city streets or public roads, of any required flagging of city streets or public roads, and of any repairs to city streets, public roads, or adjacent property will not be paid separately, but is incidental to the cost of the Work.

104.08 Dust Control

Take all available precautions to control dust. If the Engineer judges dust to be a problem, control the dust by sprinkling, by applying calcium chloride, or by other methods as directed. Payment for dust control is incidental to applicable Contract items and will be full compensation for the work required to control dust. No additional compensation will be allowed for delays caused by necessary dust control operations.

104.09 Rights in and Use of Materials Found on the Work

Use stone, gravel, sand, or other material determined suitable by the Engineer, as may be found in the excavation for the Project. The Department will pay for the excavated materials at the corresponding bid price for the excavated material. Replace excavated material used for embankments, backfills, or approaches with other material acceptable to the Engineer at no additional cost to the Department. No charge for the materials so used will be made against the Contractor. Do not excavate or remove any material from within the right-of-way that is not within the grading limits, as indicated by the slope and grade lines, without the Engineers written authorization.

The material from any existing structures, water lines, sewers, utilities, and similar features, which are required to be removed in the course of construction, shall become the property of the Contractor to use or dispose of in accordance with the applicable statutes or regulations governing such materials, unless otherwise shown on the Plans.

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Commercial grade coal found in the excavation for the Project shall become the property of the Contractor and shall be removed from the Project or shall be disposed of in a suitable waste site as approved by the Engineer. Replace all coal found in the excavation with an equivalent amount of acceptable material at no cost to the Department when needed for construction of the Project.

104.10 Final Cleanup

Before final acceptance of the Work, clean the entire right-of-way, all material pits, all waste areas, all areas and access roads used by the Contractor, all streams affected by the Work, and all ground occupied by the Contractor, in connection with the Work. Remove all forms, false work and temporary structures, temporary erosion control measures, excess materials, equipment, rubbish, and waste. Leave all parts of the Work in a neat and presentable condition. Stabilize the entire right-of-way, all material pits, all waste areas, all areas and access roads used by the Contractor according to the TN NPDES Construction General Permit criteria or the agreed upon Reclamation Plan. Mow the right-of-way as required for final cleanup. If the Project was graded under a previous contract, perform final cleanup within the construction limits of the current work being performed and other areas disturbed or otherwise requiring cleanup due to the Contractors operations. Do not deposit rubbish, waste or debris on or in sight of the right-of-way. Replace and repair all damage to private and public property in accordance with 107.14.

104.11 Value Engineering Change Proposal (VECP)

The Contractor may request a modification to the Plans, the Specifications, or other Contract requirements based on a Value Engineering Change Proposal (VECP) submitted to the Department specifying a cost reduction change. This will not apply to a proposal unless it is identified as a VECP at the time of its submittal.

VECP are those proposals that would require a change in the Contract and would result in an immediate net savings to the Department without impairing the essential functions and characteristics of the Project, including but not limited to, any warranties, service life, reliability, economy of operation, and maintenance and safety features. The Department will not normally consider VECPs that propose a total savings of less than $25,000 unless there are other non-monetary savings to be realized.

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The Contractor may submit for review a VECP Concept provided that it contains enough information to clearly define the work involved and the benefits to be realized. Provide all applicable design criteria that will be used in the VECP design. Written notification by the Department that the review has been completed and that the VECP Concept appears to be favorable merely indicates that the engineering and plan development may continue for submittal of the VECP and is not authorization to begin any construction work contemplated by the VECP. Should the final design not reflect the expected benefits, the Department may reject the VECP Concept and the VECP without recourse by the Contractor.

Submit the following information to the Engineer as a minimum, with each VECP, allowing adequate time for Department analysis and processing without interference with project schedules:

1. A description of the difference between the existing Contract requirements and the proposed change, and the comparative advantages and disadvantages of each including cost and time savings.

2. An itemized list of the Contract changes required if the VECP is accepted, and any recommendation as to how to make each such change.

3. A separate detailed cost estimate for:

a. the affected portions of the existing Contract requirements, and

b. the VECP.

4. A prediction of the effects the proposed change will have on other Department costs, such as costs of maintenance and operation.

5. A statement of the time by which a Change Order must be issued in order to obtain the proposed cost reduction for the Project, noting the effect on the Contract completion time or delivery schedule.

6. The date(s) of known previous or concurrent submissions of the same VECP and previous actions by the Department.

7. The Contract items affected by the proposed change, including the associated quantity changes.

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The Department may determine at any point during the evaluation process that the VECP is not cost effective and reject the VECP without recourse by the Contractor.

While a VECP is being considered by the Department, continue to perform the Work in accordance with the requirements of the Contract. The Department shall not be liable for failure to accept or act upon any VECP within the proposed time for review and processing or for any delays to the Work due to the submitted VECP. The Department will be the sole judge of the acceptance or rejection of a VECP, either wholly or in part. If an agreement has not been reached by the date that the Contractors VECP specifies that a decision should be made, or such other date as the Contractor may have specified in writing, the VECP shall be deemed rejected.

The Contractor shall have no claim against the Department for additional costs or delays resulting from the rejection of a VECP, including but not limited to, VECP Concept or VECP acceptance, engineering and development costs, loss of anticipated profits, and increased material or labor costs.

The Department will not normally consider a VECP that would require any changes in pavement design, right-of-way, relocation of bridges, or any changes that would require modification of the approved environmental documents for the project. Right-of-way cannot be purchased as part of a VECP. The Department will not accept a VECP that is similar to a change in the Plans or Specifications under consideration by the Department for the Project at the time the VECP is submitted; nor will the Department accept a VECP based upon, or similar to, Standard Specifications, general use Special Provisions or Standard Drawings adopted by the Department after the advertisement for the Contract. The Department reserves the right to make such changes without compensation to the Contractor in accordance with 104.02.

The Department will determine the estimated net savings from the adoption of all or any part of the VECP. In determining the estimated net savings, the Department may disregard the Contract bid prices if, in its judgment, such prices do not represent a fair measure of the value of the work to be performed or to be deleted.

If the Department accepts the VECP, the Contractor grants to the Department all rights to adoption of the VECP for general use on other contracts without obligation or compensation of any kind.

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Acceptance of a VECP will be by Change Order incorporating the changes necessary to allow the VECP, or any part of it, to be put into effect. The Change Order will also set forth the estimated net savings to the Department and further provide that the Contractor be paid 50% of the actual net savings.

The cost to develop, design, and implement the VECP, including redesign by a Tennessee-licensed engineer, preparation of new reproducible plans, and any other information requested by the Department to facilitate its review, is incidental to the Contractor and will not be reimbursed as part of the VECP net savings payment. The cost to the Department to review the VECP is incidental to the Department and will not affect the VECP payment.

The Department will determine the actual net savings when the work in the VECP and Change Order is completed. If upon completion of the work proposed in the VECP, the Department determines that the Change Order did not adequately address a change in quantities for other pay items that were either increased or decreased substantially as a result of the VECP, those additional costs or savings will be included in the actual net savings determination. The Department will make a single payment to the Contractor representing 50% of the actual net savings once all items are considered.

If the completed VECP results in an increase in cost such that there is no net savings, the Department will reimburse those costs above the original Contract amount reflected in the VECP and Change Order at a rate of 50%.

The preparation of the VECP, its acceptance and performance of the work shall not extend the Contract completion time unless the Change Order provides for an extension.

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SECTION 105 CONTROL OF WORK

105.01 Authority of the Engineer ............................................................... 34 105.02 Plans and Working Drawings ........................................................ 35 105.03 Conformity with Plans and Specifications ..................................... 38 105.04 Coordination of Plans and Specifications ...................................... 39 105.05 Duties of Contractor ....................................................................... 39 105.06 Planning of the Operations-Preconstruction Conference ............... 40 105.07 Cooperation with Utilities .............................................................. 41 105.08 Cooperation between Contractors .................................................. 43 105.09 Construction Stakes, Lines, and Grades ......................................... 43 105.10 Authority and Duties of Inspectors ................................................ 46 105.11 Inspection of Work ......................................................................... 46 105.12 Removal of Unacceptable and Unauthorized Work ....................... 47 105.13 Completion of Specific Sections of a Project ................................. 48 105.14 Opening Sections of a Project to Traffic ........................................ 48 105.15 Acceptance ..................................................................................... 49 105.16 Claims for Adjustment and Disputes ............................................. 49 105.17 Alternative Equipment ................................................................... 55 105.18 Method of Measurement ................................................................ 56 105.19 Basis of Payment ............................................................................ 57

105.01 Authority of the Engineer

The Engineer will have full professional and executive charge of supervision of the Work, and will decide all questions that may arise concerning the following:

1. The quality and acceptability of materials furnished and work performed,

2. The rate of progress of the Work, 3. The quantity of work that has been performed at any given time, 4. All questions that may arise as to the interpretation of the Plans

and Specifications, 5. The acceptable fulfillment of the Contract, and

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6. Contractor compensation.

In all of these matters, the decision of the Engineer will be final and binding; decisions of a purely contractual or legal nature will be subject to appeal in writing by the Contractor to the Commissioner.

The Engineer will have the authority to suspend the Work and withhold payment wholly or in part, if the Contractor furnishes materials or uses workmanship that are not fully acceptable, or fails to comply fully with any orders or with any provisions of the Contract. The Engineer also may suspend the Work, wholly or in part, for such periods as it deems necessary, due to unsuitable weather, conditions considered unsuitable for the prosecution of the Work, or as deemed to be in the public interest.

105.02 Plans and Working Drawings

All contractors and subcontractors directly engaged in the erection or removal of falsework, temporary structures, structural steel, precast prestressed or mild steel reinforced concrete bridge beams or girders over active highway traffic lanes, on any route, railroad or any stream deemed navigable to commercial or pleasure water craft, shall submit an erection plan prepared and stamped by a Professional Engineer licensed in the State of Tennessee. See also 602.41, 602.42, and 604.06.

The Contract Plans, generally, will show sufficient details and dimensions to define the Work. When additional details and dimensions are needed, prepare working drawings and submit them to the Engineer for approval. Submission of working drawings will not serve to change the intent of the Contract documents. The Contractor may instruct the fabricator to submit shop or working drawings directly to the Department. The Department will construe the fabricator to be an agent of the Contractor and will consider any changes to the Contract Plans submitted by the fabricator as made by the Contractor. The Contractor shall bear all costs for changes other than those required by the Department. Unless otherwise noted on the Plans or Specifications, shop drawings for all types of structures shall be submitted by, or on behalf of the Contractor, directly to the Division of Structures, for processing and distribution by the checking agency. Proof of appropriate fabricator certification for the type of structure to be fabricated shall be submitted along with the shop drawings.

Submit shop drawings for the following items:

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Structural steel, metal bridge rails, bearing devices (shop drawings not required for plain elastomeric bearing pads), bridge deck drains (shop drawings not required if fabricated according to applicable Standard Drawing), navigation lighting support brackets, precast prestressed concrete beams, precast prestressed concrete deck panels, precast reinforced concrete beams, precast concrete box and three-sided culverts (not required if built in accordance with Department standards or published ASTM standards), post-tensioned concrete, roadway expansion devices, steel stay-in-place forms, energy attenuation devices, overhead and cantilever sign structures, high mast light foundations, retaining walls and noise walls, cofferdams, and any other items when shown on the Plans.

Also submit required erection drawings for all bridge structures to be erected over active roads, railroads, and navigable waterways; drawings of falsework, bracing, cofferdams, sheeting, and bending of reinforcing steel; and other supplementary plans required by the Engineer and specified in 602.42.

Each shop drawing sheet shall contain in the title block the following: the project number, county, bridge name, bridge number (or structure type and number), station and contract. Shop drawings whose title sheets do not include the foregoing identification will be returned for correction before any reviews for approval are conducted.

Submit shop drawings in sets with the drawing numbers running consecutively in each set, and appropriately bound if more than five sheets in a set. Do not resubmit shop drawings marked APPROVED or APPROVED AS NOTED unless specifically instructed.

Shop drawings shall be a minimum of 8-1/2 x 11 inches in size. Legible half-size copies (11 x 17 inches) of full size drawings are acceptable for submittal (see sheet format below). Submit for approval the minimum number of sets of shop drawings specified below. Only one set will be returned to the fabricator unless specifically requested and the additional set(s) requested to be returned is submitted along with those shown below. For Consultant designs, an additional set is required. For railroad structures, three additional sets are required. Submittals for the following items except structural steel girders (i.e., Bridge Girders) may be submitted electronically in *.pdf or *.tif format. Structural Steel Girders must be submitted in paper format as directed below.

105.02

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Two Sets: Structural Steel (Half-size sets shall be submitted for approval. Four additional sets, two full-size and two half-size, will be required after final approval.)

Four Sets: Energy Attenuation Devices, Overhead, Cantilever Sign Structures, and Cofferdams

Six Sets: Metal Bridge Rails, Bearing Devices (shop drawings not required for plain elastomeric bearing pads), Bridge Deck Drains (shop drawings not required if fabricated according to applicable Standard Drawing), Navigation Lighting Support Brackets, Precast Prestressed Concrete Beams, Precast Prestressed Concrete Deck Panels, Precast Reinforced Concrete Beams, Precast Reinforced Concrete Box Culverts, when applicable, Post-tensioned Concrete, Roadway Expansion Devices, Steel Stay-In- Place forms, and any other type of structural shop drawing not specifically listed.

Except for Strain Poles, Street Lighting Poles, High Mast Poles with Accompanying Lowering Devices, Photometrics and Cofferdams, the fabricator shall furnish the Division of Structures with as-built shop drawings on computer disks (CDs) after the structure is complete and before final payment will be made. The drawing files on CDs shall be in either *.pdf or *.tif format. The CD case shall be labeled with the information required on the shop drawing title block.

All working drawings shall be approved by the Engineer; such approval will be general in nature and will not operate to relieve the Contractor of its responsibility under the Contract for the successful completion of the Work. In addition to such approval, working drawings involved in construction over or under railroad tracks will require approval of the railroad company before approval is granted by the Engineer. Submit four sets of plans for any cofferdams, sheeting and bracing details for bents or piers adjacent to a track, and falsework for erecting the spans over tracks, and the method of installation for the protection of the tracks, to the Engineer. Do not begin such work until these plans are approved by the Department and the Chief Engineer of the railroad. Approval of these plans will not relieve the Contractor from liability. The above also applies in connection with the installation of pipes, culverts, and other work adjacent to or under railroad tracks. The Department will not pay for the cost of preparing working drawings separately. These costs will be included in the prices of the respective Contract items involved.

105.03

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Shop drawings for structural steel bridge components, precast or precast prestressed bridge, noise wall or retaining wall components and post-tensioning systems shall be accompanied on the first submittal by evidence of appropriate certification as described in 602, 615, 616, and 908.

Complete Shop Drawing, Working Drawing, or Erection Plan packages submitted for review, acceptance, or approval by the Department will be approved or denied within thirty (30) days of receipt per submittal. If revised or additional drawings are required, appropriate additional time will be allowed for review, acceptance, or approval. If the approval process exceeds thirty (30) days, the Department may extend the completion date if the delay adversely affects the critical path. When multiple drawings are submitted at the same time, each drawing must be prioritized according to the critical path submitted for the Project so as to not overload the approval process.

105.03 Conformity with Plans and Specifications

Perform all Work and furnish all materials in reasonably close conformity with the lines, grades, cross-sections, dimensions, and material requirements, including tolerances, as shown on the Plans or as specified.

If materials, or the finished product in which they are used, or various other facets of the Work, are found not to be within reasonably close conformity with the Plans and Specifications, the Engineer will determine if the Work, as performed, is in reasonably close conformity to be adequate for the basic engineering purpose. If adequate, the Engineer may accept the material or work in question subject to an appropriate adjustment in the Contract price, and the materials or work will be permitted to remain in place. If the Engineer rejects the work as unacceptable for the intended purpose, the Contractor shall remove and replace the material or work in question, at no cost to the Department in accordance with 105.12.

If the material or work is accepted under such conditions, the Engineer will document the basis of acceptance by Change Order providing for an appropriate adjustment in the Contract price or materials as the Engineer deems necessary based on engineering judgment. If the material or work includes predetermined pay factor adjustments, the Engineer will determine the price adjustment based on the measured level of conformance to the specifications.

105.04

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105.04 Coordination of Plans and Specifications

These Specifications, the Supplemental Specifications, the Plans, Special Provisions, and all other documents that are part of the Contract, are intended to be complementary and to describe and provide for a complete Contract. Requirements in one of these are as binding as if occurring in all of them. In case of discrepancy the governing order is as follows:

1. Special Provisions 2. Plans 3. Supplemental Specifications 4. Standard Specifications

In interpreting Plans, calculated dimensions will govern over scaled dimensions; Contract Plans, typical cross-sections, and approved working drawings will govern over standard sheets.

If the Contract contains technical specifications relating to utility items or building structures, and the technical specifications conflict with these Specifications, the Standard Specifications will govern when the work is performed within the roadway template, shoulder to shoulder.

Do not take advantage of any error or omiss